Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Notices 11919 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0298] 

Hours of Service of Drivers: 

Application for Exemption; Motion 

Picture Association 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

renewal of exemption. 

SUMMARY: FMCSA announces its final 

decision to grant the exemption from 

the electronic logging device (ELD) 

requirements requested by the Motion 

Picture Association (MPA) for all 

commercial motor vehicle (CMV) 

drivers providing transportation to or 

from a theatrical or television motion 

picture production site. This renewal of 

the exemption allows drivers to 

complete paper records of duty status 

(RODS) instead of using an ELD. 

FMCSA announced its decision to 

provisionally renew MPA’s exemption 

on November 3, 2022, pending a review 

of any comments received in response 

to that notice. After reviewing the four 

comments submitted to the docket, 

which are discussed in this notice, the 

Agency believes that drivers who 

qualify for the exemption will likely 

maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety that would be achieved by 

complying with the ELD requirements. 

DATES: The exemption is effective 

January 19, 2023 and expires on January 

19, 2028. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–4225 or 

pearlie.robinson@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation; Viewing 

Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘(FMCSA–2017–0298’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2017–0298’’ in 

the keyword box, click ‘‘Search,’’ and 

choose the document to review. 

If you do not have access to the 

internet, you may view the docket 

online by visiting Dockets Operations 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., ET, Monday through Friday, 

except Federal holidays. To be sure 

someone is there to help you, please call 

(202) 366–9317 or (202) 366–9826 

before visiting Dockets Operations. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) and 49 CFR 

381.300(b) to renew an exemption from 

the Federal Motor Carrier Safety 

Regulations for a five-year period if it 

finds ‘‘such exemption would likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption.’’ (49 U.S.C. 31315(b)(1)). 

FMCSA evaluated MPA’s application 

and provisionally renewed the 

exemption from 49 CFR 395.8(a)(1)(i) for 

a five-year period on November 3, 2022 

(87 FR 66362). 

III. Background 

Current Regulatory Requirements 

FMCSA’s hours-of-service (HOS) 

regulations in 49 CFR 395.8(a)(1)(i) 

specify that a motor carrier subject to 

the requirements of part 395 must 

require each driver used by the motor 

carrier to record the driver’s duty status 

for each 24-hour period using the 

method prescribed in 49 CFR 

395.8(a)(1)(i) through (iv), as applicable. 

Subject to 49 CFR 395.8(a)(1)(ii) and 

(iii), a motor carrier operating CMVs 

must install and require each of its 

drivers to use an ELD to record the 

driver’s duty status in accordance with 

49 CFR part 395, subpart B. 

Original Exemption 

On January 19, 2018, FMCSA 

published a notice granting MPA an 

exemption from the ELD requirements 

in 49 CFR 395.8(a)(1)(i); the exemption 

expired on January 19, 2023 (83 FR 

2869). In its 2018 decision, FMCSA 

explained that the motion picture 

industry’s unique operational issues and 

special handling of driver RODS ensures 

a high level of accuracy to provide the 

equivalent level of safety. 

Application for Renewal of Exemption 

MPA requested a renewal of its 

exemption for a five-year period. MPA 

stated that approximately 8,300 CMV 

drivers operate CMVs on a full- or parttime basis for the motion picture 

industry and few qualify for the shorthaul driver exceptions in 49 CFR 

395.1(e)(1) or (e)(2). Further, MPA stated 

that according to HOS data developed 

by third party compliance services, 

these drivers spend two hours, on 

average, driving each day, and drive 

about 40 miles per day. The RODs they 

generate are often very complex, as are 

the driver HOS records that employing 

motor carriers must keep. Through close 

cooperation, MPA asserted that the 

industry has been able to manage the 

extensive interchange of paper RODs 

that this work pattern requires. 

MPA explained that the industry’s 

success in HOS management is based on 

a system that is driver-based, rather than 

vehicle-based. Each time a driver 

operates a CMV for a different studio or 

production company, the motor carrier 

and driver must reconcile the driver’s 

HOS record for the past week. Drivers 

manage the necessary paper RODS, 

carry them to each new CMV, and 

transfer paper copies to each new motor 

carrier as needed. When a roadside 

inspection occurs, a driver can produce 

paper RODS for review by the 

enforcement official. 

MPA also explained that the motion 

picture industry maintains a database of 

driver HOS data. Drivers are required to 

submit their RODS within 24 hours of 

the duty period to which the record 

pertains. The RODS are reviewed by 

third-party auditing companies. 

IV. Provisional Renewal of Exemption 

On November 3, 2022, after review of 

the renewal application, FMCSA 

published its decision provisionally to 

grant a five-year renewal of the 

exemption effective January 19, 2023, 

through January 19, 2028, and requested 

comment (87 FR 66362). 

V. Public Comments 

Four comments were submitted to the 

docket. DISA Global Solutions (DISA) 

supported the exemption and stated, 

‘‘Not having this ELD exemption would 

adversely impact the film industry and 

its drivers. As in previous years, the 

entertainment industry will continue to 

exceed current regulatory requirements 

to achieve the primary concern for all, 

safety on all roads and highways.’’ 

Yellow Dragon Enterprises Ltd Co 

opposed the exemption renewal but 

provided no basis for its position. Two 

commenters, Scott Chapman and an 

individual identified as ‘‘Schneider,’’ 

opposed using ELDs but made no 

comments supporting or opposing the 

exemption renewal. 


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11920 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Notices 

1See Section 4133 of SAFETEA–LU (119 

Stat.1744) (set out as a note to 49 U.S.C. 31136). 

VI. Response to Public Comments and 

Agency Decision 

FMCSA has evaluated the public 

comments and issues this final decision 

affirming its provisional decision to 

renew the exemption. To date, the 

Agency has not received any crash 

reports concerning drivers or motor 

carriers operating under MPA’s 

exemption granted in 2018. For this 

reason, the Agency believes that drivers 

and motor carriers operating under this 

exemption would continue to achieve 

an equivalent level of safety. FMCSA 

also notes that Congress has recognized 

the unique aspects of the motion picture 

industry’s operations and has provided 

statutory exceptions from some HOS 

regulations.1

FMCSA acknowledges that, given the 

unique arrangements under which 

drivers in the motion picture industry 

routinely operate for multiple carriers 

over brief periods of time, paper RODS 

may prove more efficient than ELDs. In 

addition, MPA members are required to 

submit their RODS within 24 hours, 

rather than waiting for the 13-day 

period allowed by 49 CFR 

395.8(a)(2)(ii). According to MPA, these 

‘‘RODS are reviewed by a third-party 

auditing company, resulting in 

accelerated reporting of HOS 

compliance and an independent 

assessment of accuracy.’’ FMCSA 

concludes that extending the exemption 

for another five years, under the terms 

and conditions listed below, will likely 

maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety that would be achieved 

without the exemption. 

VII. Exemption Decision 

A. Grant of Exemption 

FMCSA renews the exemption for a 

period of five years subject to the terms 

and conditions of this decision. The 

exemption from the ELD requirement 

under 49 CFR 395.8(a), is effective 

January 19, 2023, through January 19, 

2028, 11:59 p.m. local time, unless 

renewed or rescinded. 

B. Applicability of Exemption 

The exemption allows all CMV 

drivers providing transportation to or 

from a theatrical or television motion 

picture production site to complete 

paper RODS instead of using an ELD. 

C. Terms and Conditions 

When operating under this 

exemption, motor carriers and drivers 

are subject to the following terms and 

conditions: 

1. Motor carriers and drivers must 

comply with all other applicable 

Federal Motor Carrier Safety 

Regulations (49 CFR parts 350 through 

399). 

2. Drivers operating under this 

exemption must submit their RODS to 

the motor carrier within 24 hours 

instead of the 13-day period otherwise 

allowed by 49 CFR 395.8(a)(2)(ii). 

3. Drivers must have a copy of this 

notice in their possession while 

operating under the terms of the 

exemption. The exemption document 

must be presented to law enforcement 

officials upon request. 

4. Drivers must not be subject to any 

out-of-service order or suspension of 

their driving privileges; and 

5. Carriers operating under this 

exemption may not have an 

‘‘Unsatisfactory’’ rating with FMCSA or 

be subject to any imminent hazard or 

out-of-service orders. 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce that conflicts 

with or is inconsistent with this 

exemption with respect to a firm or 

person operating under the exemption. 

States may, but are not required to, 

adopt the same exemption with respect 

to operations in intrastate commerce. 

E. Notification to FMCSA 

Motor carriers operating under this 

exemption must notify FMCSA within 

five business days of any crash (as 

defined in 49 CFR 390.5), involving any 

of their CMVs operating under the terms 

of the exemption. The notification must 

include the following information: 

1. Identity of Exemption: ‘‘MPA 

2023,’’ 

2. Name and USDOT number of the 

operating motor carrier. 

3. Date of the crash. 

4. City or town, and State, in which 

the accident occurred, or closest to the 

accident scene. 

5. Driver’s name and license number. 

6. Vehicle number and State license 

number. 

7. Number of individuals suffering 

physical injury. 

8. Number of fatalities. 

9. The police-reported cause of the 

crash. 

10. Whether the driver was cited for 

violation of any traffic laws or motor 

carrier safety regulations. 

11. The driver’s total driving time and 

total on-duty time since the last ten (if 

operating under 49 CFR 395.3(a)) or 

eight (if operating under 49 CFR 

395.1(p)) consecutive hours off-duty 

prior to the crash. 

Reports filed under this provision 

shall be emailed to MCPSD@DOT.GOV. 

F. Termination 

Based on the safety record of drivers 

operating under the exemption up to 

this point, FMCSA has no basis to 

believe the drivers covered by this 

renewed exemption will experience any 

deterioration of their safety record. The 

exemption will be rescinded if (1) motor 

carriers and drivers operating under the 

exemption fail to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objects of 49 U.S.C. 

31136(e) and 31315. 

Sue Lawless, 

Acting Deputy Administrator. 

[FR Doc. 2024–03192 Filed 2–14–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; Mazda Motor Corporation 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Mazda Motor Corporation (Mazda) 

petition for exemption from the Federal 

Motor Vehicle Theft Prevention 

Standard (theft prevention standard) for 

its CX–90 vehicle line beginning in 

model year (MY) 2025. The petition is 

granted because the agency has 

determined that the antitheft device to 

be placed on the line as standard 

equipment is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the theft 

prevention standard. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2025 model year. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy, and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Ms. 


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